HPC represented the Commonwealth Scientific and Industrial Research Organization (“CSIRO”) in patent litigation related to its groundbreaking research in the area of wireless local area networking technology. CSIRO is Australia’s national science agency with facilities across Australia. It holds U.S. Patent No. 5,487,069, entitled “Wireless LAN,” which describes technology used to allow devices to communicate over a wireless local area network (WLAN). Specifically, the ‘069 patent discloses a wireless LAN system that increases throughput while ensuring reliability by using Orthogonal Frequency Division Multiplexing (OFDM) in conjunction with other sophisticated signal processing techniques such as Forward Error Correction and Interleaving. The claims cover fundamental aspects of the IEEE 802.11a, g and n standards, which are commonly referred to as Wi-Fi. The use of Wi-Fi in laptops, smartphones and other devices around the world has grown exponentially in recent years. The ‘069 patent is widely recognized as the seminal patent in the area of Wi-Fi technology, and the CSIRO inventors have been recognized as pioneers in their field. They have received many awards, including the 2012 European Inventor of the Year award, the 2017 IEEE Consumer Electronics Award, and were named as Members of the Order of Australia.
HPC first started its representation of CSIRO when the ‘069 patent was challenged in reexamination proceedings. HPC assisted in successfully navigating CSIRO through those patentability challenges. Subsequently, HPC was retained in a series of patent infringement lawsuits, brought against Broadcom, Atheros, Lenovo, T-Mobile, Sony Corporation, Verizon, Acer, and AT&T. Those parties settled shortly before trial on terms very favorable to CSIRO. That settlement was announced in 2013. In 2016, CSIRO reported that it had received well over $400 million in licenses for the ‘069 patent.
Subsequently, HPC represented CSIRO against RealTek, MediaTek, Texas Instruments. Those cases also settled before trial on favorable terms. Settlement was announced in 2015.
In addition, HPC represented CSIRO against Cisco. After discovery, Cisco stipulated to infringement and validity, and the case proceeded to trial solely on the issue of damages. HPC, along with its co-counsel at Kobre Kim, tried the issue of damages to the district court. The court awarded significant damages to CSIRO in its order. The case then went up on appeal at the Federal Circuit and the case was ultimately settled in May of 2017.
CSIRO Wins Legal Battle Over Wi-Fi Patent, Australian Broadcasting Corporation